Res 2005-105 - Laserfiche WebLink

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The City of San Marcos Facilities Service Contract (4) Maintain and repair in good working order all Facilities assets which are not included in the Facilities which the Company is obligated to maintain; (5) Obtain and maintain all Govemmental Approvals that are the responsibility of the City hereunder; (6) Pay the Service Fee and any other amounts due the Company in accordance with the terms and conditions of this Service Contract; (7) Administer and enforce its Industrial Pre-Treatment Program; (8) Provide billing and revenue collection services with respect to the use of the Facilities; (9) Provide City-owned equipment and operator for Company's use if available and for an agreed upon fee, if any. (10) Provide City Facilities Property currently in use at the Facilities. SECTION 7.7. FACILITIES CONDITION CONFIRMATION AND ASSUMPTION OF "AS-IS" RISK. (A) Familiarity with Facilities. The Company acknowledges that: (1) the Company has provided management support for the Facilities for a period of approximately eighteen (18) months prior to the Contract Date and that Company is generally familiar with the Facilities, their design, and their physical condition relevant to the obligations of the Company pursuant to this Service Contract, including operating conditions, roads, and Utilities; (2) the Company is familiar with current local conditions which may be material to the Company's performance of its obligations under this Service Contract (including transportation; seasons, climate and ambient air; access, availability, handling, storage and disposal of materials, supplies and equipment; and Utilities); (3) the Company has received and reviewed the Reference Documents and all other records and information pertaining to the Facilities made available to the Company for the purposes of entering into and performing this Service Contract; and (4) based on the foregoing, the Facilities can be managed, operated, maintained, repaired and replaced, so as to comply with the Applicable Law and the Performance Guarantees up to an annual average daily flow of 7.2 MGD, 9.0 MGD average maximum month and 18.0 MGD two-hour peak. (B) Assumption of "As-Is" Risk. Based on the matters acknowledged in subsection (A) of this Section, the Company assumes the risk of the adequacy and sufficiency of the design of the Facilities and the existing, "As-Is" condition of the Facilities as such design or condition may affect the ability of the Company to comply with Applicable Law, meet the Performance Guarantees, meet its maintenance, repair and replacement obligations or perform any of its other obligations hereunder and for the compensation provided for herein. The 37